Program Operations Manual System (POMS)

A. When to recognize same-sex marriages for Title II and Medicare benefits

We will recognize a valid same-sex marriage as of the date of the marriage, including
during periods when the number holder's (NH’s) state of domicile did not recognize
same-sex marriages.

1. Use these instructions when marriage is material to entitlement

Use these instructions to determine the marital status of a same-sex couple only when
the same-sex marriage is material to a Title II or Medicare entitlement determination.

For example, do not use these instructions if someone in a same-sex marriage files
for a retirement benefit on his or her own earnings record and determining marital
status is not required.

2. Closed claims

If the claim is closed, that is, if the time to appeal the determination or decision
has expired and cannot be extended, the claimant may file a new claim under current
procedures. Consider if we can reopen a determination or decision that was denied
because we did not recognize a same-sex marriage. For more information about reopening
closed claims, refer to GN 00210.030.

B. How to determine Title II and Medicare marital status for same-sex couples

1. Concurrent claims

Use the instructions in this section to determine the marital status of a same-sex
couple for the Title II aspects of concurrent claims.

Use the instructions in GN 00210.800 to determine the marital status of a same-sex couple for the Title XVI aspects of
concurrent claims.

If you need a legal opinion, after following the steps in this section to determine
marital status, check PR 05800.000 for an existing opinion that can be applied to the claim before you request a new
opinion. To request a new opinion, refer to instructions in GN 01010.815.

3. Steps to determine marital status

Use these steps to determine marital status:

Step

Action

1

Marriage or non-marital legal relationship (NMLR) in a
foreign jurisdiction

Does the claimant allege a same-sex marriage or NMLR celebrated in a foreign jurisdiction?
That is, was the marriage or NMLR celebrated somewhere other than in:

For information about when States and U.S. Territories permitted same-sex marriages,
refer to GN 00210.003.

Common-law marriage (non-ceremonial)

If the couple alleges a same-sex common-law marriage, refer the claim for a legal
opinion, according to instructions in GN 01010.815. Exception – New Hampshire same-sex common-law marriages may be recognized without
referring the claim for a legal opinion. For more information about New Hampshire
common-law marriage laws, refer to GN 00305.075. For more information about common-law marriage, refer to GN 00305.060 and GN 00305.065.

Deemed marriage

If the couple alleges having a deemed marriage based upon a legal impediment, refer
to GN 00305.055 for more information.

5

Did you determine that the claimant is
married?

If yes, we will recognize the marriage as of the date of the marriage.

If no, refer to GN 00210.020 for systems instructions to deny the claim.